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After a Hurricane: Can the Property Manager Be Blamed for a Lessee's Losses?
The recent decision in Sears Roebuck & Co. and Kmart Corp. v. W/S Lebanon LLC, 2017 U.S. Dist. LEXIS 143902 (D. N.H. 9/6/17) (Sears and Kmart), seems timely in light of the fact that commercial landlords, tenants and their insurance providers are grappling with the problems caused by the extreme wind and rain of hurricanes. In the Sears and Kmart case, the hurricane in question was 2011's Hurricane Irene, which roared up the east coast and then lingered over New England as a tropical storm, depositing flooding rains over several states, including New Hampshire.
Kmart Corp. had an ongoing long-term lease with landlord Windalier West Lebanon, LLC. Windalier, in turn, had a property management contract with K.G.I. Properties, LLC, which ended a month before two rivers in the vicinity of the Kmart shopping plaza flooded, damaging the building Kmart occupied, as well as its contents. When the management contract with K.G.I. ended, Windalier entered into a similar property management agreement with Keypoint Partners, LLC. Keypoint was therefore in charge of the property's management when the flooding actually took place.
Kmart brought suit against Windalier, K.G.I. and Keypoint for, inter alia, breach of contract and negligence. All defendants moved for summary judgment on these claims.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?